Town of Woodruff, WI
Oneida County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Woodruff 2-11-1986 as § 8.03 of the 1986 Code. Amendments noted where applicable.]

§ 249-1 Administration.

The general administration of the Evergreen Municipal Cemetery shall be vested in the Town Board. The Town Clerk shall serve as Secretary-Treasurer for the Town Board in matters of administration of the cemetery.

§ 249-2 Employees.

A. 
Sexton. The Sexton shall:
(1) 
Keep an accurate record of all burials, lot ownership, individual graves, cemetery lot sales, and generally a complete record of all lots comprising the Evergreen Municipal Cemetery.
(2) 
Be responsible for the general management and control of the cemetery proper, sign and execute all burial permits as required by state law and generally do all things necessary in the operation and management of the Evergreen Municipal Cemetery as required or instructed from time to time by the Cemetery Board.
B. 
Other employees. The Town Board shall, at its discretion, employ any additional help necessary for the management and control of the Evergreen Municipal Cemetery.

§ 249-3 Funds.

All receipts for cemetery purposes shall be paid to the Secretary-Treasurer to be deposited into the general fund, except that receipts for perpetual care shall be kept in a perpetual care trust fund. The Sexton shall not accept any moneys for any purposes whatsoever, other than his salary or work in connection with cemetery activities.

§ 249-4 Annual maintenance. [1]

A. 
When uniform care of lots has been given for two consecutive years or more for which assessments are unpaid, after notice as provided by § 157.11(2), Wis. Stats., right to interment is forfeited until delinquent assessments are paid.
B. 
When uniform care has been given for five consecutive years or more and the assessments are unpaid, upon like notice, title to all unoccupied parts of the lot is passed to the Town and may be sold, the proceeds to be used for the perpetual care of the occupied lot.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 249-5 Perpetual care.

The increasing delinquency in payments of annual maintenance charges for lots in the Evergreen Municipal Cemetery makes it imperative to set up perpetual care on all lots now sold or which may be sold in the future, and a perpetual care trust fund will be set up to accomplish this purpose.

§ 249-6 Perpetual care on delinquent lots.

When the Town Board sells the unoccupied portion of any lot that has been delinquent in annual maintenance for five years or more, as provided by statute, the sum received from the sale of the unoccupied portion shall be turned into the perpetual care fund and perpetual care shall be set up for all the occupied portions of such lot. These provisions shall apply to the unoccupied portions sold under the provisions of this section.

§ 249-7 Sale and maintenance of lots.

A. 
Sales. All lots shall be handled by the Secretary-Treasurer. Prices of lots shall be fixed by the Town Board from time to time. Such prices shall be adjusted in accordance with size and location. All lots must be paid for in full when purchased, for which a suitable cemetery deed will be issued.
B. 
Delinquent lot sales. The unoccupied portions of any lot on which the annual maintenance charges have been delinquent for a period of five or more years shall, after suitable advertisement as provided by law, be subject to sale. The proceeds of such sales shall be applied, as much as necessary, for the perpetual care of the occupied portions of such lot. No existing known grave on a lot thus sold shall be disturbed under any circumstances.
C. 
Care and maintenance of lots. The annual maintenance charge for the care of lots shall be considered to cover the following items: grading, mowing, sprinkling, shrubbery, tree trimming and grass seeding when required.
D. 
Lot sales. All lots shall be sold subject to the rules and conditions provided or which may be hereafter adopted by the Town Board.
(1) 
No person shall purchase more than one lot, unless by consent of the Town Board.
(2) 
No lot shall be used for any other purpose than for the burial of the dead and the placing of appropriate markers as memorials.
(3) 
The transfer of lots or parts of a lot to another party must be reported to the Town Board before the party will be allowed the use of the lot. No person will be recognized as owner or part owner of a lot unless his or her name appears upon the books of the cemetery.
(4) 
Persons desiring to allow the interment of bodies other than members of their own family must secure a written permit for the same, signed by the owner or by legal representative, to be filed with the Town Board.
(5) 
Any person wishing to sell or transfer, or give away, a lot or grave must first get permission from the Town Board. No person shall be buried thereon unless his or her name is on the books of the cemetery and assessments are paid in full. The selling price shall not be more than the original cost.
(6) 
Upon the death of a lot owner, an affidavit must be filed with the Town Board, signed by one of the heirs at law, and in the case of a minor by his or her guardian, who shall be authorized to sign orders for interments and give others direction regarding the use of the lot.

§ 249-8 Permit required for stone, monument, marker or foundation.

A. 
No stone, monument, marker or foundation shall be placed on any grave or lot or within the boundaries of the Evergreen Municipal Cemetery unless a permit shall first be obtained by the owner or his agent from the Sexton. Such permit shall specify the terms and conditions for the erection of such stone, monument, marker or foundation.
B. 
In addition to the provisions of § 157.11, Wis. Stats., and § 249-12, any owner or agent placing or erecting any stone, monument, marker or foundation within the boundaries of the Evergreen Municipal Cemetery in violation of this section shall not be allowed to erect or place any other stone, monument, marker or foundation within the boundaries of the cemetery until the regulations, terms and conditions have been complied with or the expense of correcting a violation thereof shall have been paid.

§ 249-9 Flowers and shrubbery.

There shall be no planting of flowers, shrubbery or other foundations on any cemetery lot. If flowers or shrubbery are desired, they shall be placed in a wire box or basket on a stand small enough so that they can be moved to facilitate mowing of individual cemetery lots. Cemetery urns now present may remain. If flowerpots are furnished in the monument foundation, no other receptacle for flowers or shrubbery shall be allowed. No person or parties shall be allowed to dig in the ground of any lot or graves without written permission of the Town Board.

§ 249-10 Records and reports.

The Sexton shall at all times keep an accurate record of all burials in the cemetery. This record, besides containing all pertinent information relative to the person buried, shall contain a plat showing the exact location on the lot on which the grave is located. The Sexton shall make a monthly report to the Town Board of the number of interments, funerals or burials.

§ 249-11 Use restricted to residents.

The facilities of the Evergreen Municipal Cemetery shall be generally restricted to residents of the Towns of Woodruff, Minocqua and Arbor Vitae, their immediate families and relatives, unless written burial permission is obtained from the Town Board.

§ 249-12 Violations and penalties. [1]

Any person who shall violate any provision of this chapter, upon conviction thereof, shall be subject to a penalty as provided in § 1-3 of this Code. Each violation and each day a violation continues shall constitute a separate offense.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).